@Anonymous wrote:Recently LVNV Funding LLC has started sending me daily emails on several debts that were all discharged in a Chapter 7 over ten years ago.
I would very much like to tell them where to go but I don't want to inadvertently give them any legal standing by responding. Am I able to respond without providing them with a legal standing to validate the debt? I am not verced in the law and something I read once suggested that replying was considered an acknowledgment of the debt thus validating it.
The emails from them even state, at the very bottom and in a smaller font; "The law limits how long you can be sued on a debt. Because of the age of your debt, LVNV Funding LLC cannot sue you for it, and LVNV Funding LLC cannot report it to any credit reporting agency.
You can view your Gramm-Leach-Bliley Privacy Rights by visiting this url: http://go.trueaccord.com/resurgent_glb
Plus they don't seem to realize it's been discharged, probably because the chapter 7 fell off my report?
There is absolutely NO way you can give them standing on a debt that was discharged in BK unless you signed an entire new agreement to pay. If this debt was owned by LVNV when it was discharged in BK then they are already in violation of the federal laws by attempting to collect again.
If they were the owners during BK I would send a letter reminding them it was discharged and that they are in violation of the BK laws and ask how they want to pay to settle with me. Or should I just file with the trustee? If they were not the owners of the debt when it wsa discharged the letter simply states this debt was including in BK filed on [date] and discharged on [date]. Do not contact me again about this or you will be in violation of federal law. You have no requirement to enclose copies of the BK if LVNV wants that they can pull it from PACER themselves.
@Anonymous wrote:Interesting. I've been digging through my old documents and saved files, I was unable to find the paperwork from the attorney as I suspect it was on an external drive that died. I've since learned to make back ups of the back up. I was thinking the onus was on me to prove the chapter 7 discharge so it's comforting to learn it isn't. (I did send an email to the attorney on record in the hopes he can send me a copy)
I honestly don't recall if by the time I filed the chapter 7, whether or not LVNV was the creditor or if they were still with the original creditors.
Either way, I will respond to the LVNV email and advise it was discharged in a chapter 7 and give them the docket number which I have.
Thanks for the help.
You can get copies of the discharge from the federal records site.
@Anonymous wrote:Interesting. I've been digging through my old documents and saved files, I was unable to find the paperwork from the attorney as I suspect it was on an external drive that died. I've since learned to make back ups of the back up. I was thinking the onus was on me to prove the chapter 7 discharge so it's comforting to learn it isn't. (I did send an email to the attorney on record in the hopes he can send me a copy)
I honestly don't recall if by the time I filed the chapter 7, whether or not LVNV was the creditor or if they were still with the original creditors.
Either way, I will respond to the LVNV email and advise it was discharged in a chapter 7 and give them the docket number which I have.
Thanks for the help.
I guarantee you that LVNV and/or their law firm has a PACER account. Using the docket number is more than enough.
I had a similar problem when I filed. The former landlord sold the debt to a well known JDB of apartment/rental lease debts. A dirty one at that. They sent me a letter demanding not only the debt but their onerus collection fees and interest. I sent a letter back stating "this debt was included in Chapter 7 BK filed on [date] and discharged on [date]. You are in direct violation of Federal Bankruptcy laws by attempting to collect on a debt legally discharged in bankruptcy. A formal notice has been sent to the trustee [name] who was assigned to the case. Cease and desist contacting me as this debt no longer exists.
I never heard from them again and they never reported and they are a company that reports until 11:59:59 7 years 6 months and 29 days after default just to be nasty.
You can file a complaint also with the CFPB. Upload your DC and some of your emails and explanation. Let the govt do their thing to. They'll fine and have fined CA's for dirty practices.
@40thieves wrote:Unless these are tax debts or a legal judgement, (which AFAIK won't be discharged in bankruptcy, so they're probably not), it doesn't even matter at this point that they were discharged...they're time barred from any remedy. Just contact them and tell them to quit contacting you as the debts are uncollectable and unreportable.
A judgement can be discharged in BK, one takes their discharge papers to the court and requests the judgement be set aside due to BK.